| Weaver v Daeira |
| Motion No: 2022-00846 |
| Slip Opinion No: 2024 NY Slip Op 76909(U) |
| Decided on October 21, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M300147
KS/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2022-00846 Everette Weaver, appellant, v Ricky Daeira, et al., respondents. (Index No. 80061/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated January 6, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to extend the time to perfect the appeal, and to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal are denied; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g) is denied as academic.
MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court